[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3267-S3268]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6062. Mr. LUJAN submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. NEW MEXICO LAND GRANT-MERCEDES HISTORICAL OR
TRADITIONAL USE COOPERATION AND COORDINATION.
(a) Definitions.--In this section:
(1) Community user.--The term ``community user'' means an
heir (as defined under the laws of the State) of a qualified
land grant-merced.
(2) Federal land.--
(A) In general.--The term ``Federal land'' means any land
under the jurisdiction of the Secretary concerned.
(B) Exclusions.--The term ``Federal land'' does not
include--
(i) land within the boundary of an Indian reservation;
(ii) land held in trust or in restricted status by the
United States for the benefit of--
(I) an Indian Tribe; or
(II) an individual Indian; or
(iii) land held in fee by an Indian or Indian Tribe that is
subject to restrictions on alienation by the United States.
(3) Governing body.--The term ``governing body'' means the
board of trustees authorized under State law with the
control, care, and management of a qualified land grant-
merced.
(4) Historical or traditional use.--The term ``historical
or traditional use'' means the following long-established and
habitual uses conducted by a qualified land grant-merced on
Federal land for noncommercial benefit and for the benefit of
the qualified land grant-merced:
(A) The use of water in accordance with all applicable
Federal and State laws (including regulations).
(B) Gathering herbs in small quantities.
(C) Gathering wood products in small quantities.
(D) Gathering flora or botanical products in small
quantities.
(E) Grazing, to the extent that grazing has traditionally
been carried out on Federal land, as determined by the
Secretary concerned, in coordination with the New Mexico Land
Grant Council.
(F) Subsistence hunting or fishing that is conducted in
accordance with State law.
(G) Soil or rock gathering in small quantities.
(H) The use and maintenance of an existing monument or
shrine.
(I) The use and maintenance of an existing cemetery by a
qualified land grant-merced.
(J) Any other long-established and habitual use conducted
by a qualified land grant-merced for noncommercial benefit
that--
(i) has a sustainable use by the qualified land grant-
merced, as determined by the Secretary concerned, in
coordination with the New Mexico Land Grant Council;
(ii) supports the long-term integrity of the qualified land
grant-merced, as determined by the Secretary concerned, in
coordination with the New Mexico Land Grant Council; and
(iii) is agreed to in writing by the Secretary concerned
and the New Mexico Land Grant Council.
(5) Indian tribe.--The term ``Indian Tribe'' means the
governing body of any individually identified and federally
recognized Indian or Alaska Native tribe, band, nation,
pueblo, village, community, affiliated Tribal group, or
component reservation included on the most recent list
published pursuant to section 104(a) of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).
(6) Memorandum of understanding.--The term ``memorandum of
understanding'' means a memorandum of understanding entered
into or extended, renewed, or revised under subsection
(b)(1)(A).
(7) Noncommercial benefit.--The term ``noncommercial
benefit'' means a benefit from a use, the primary purpose of
which is not the sale of a good or service.
(8) Qualified land grant-merced.--The term ``qualified land
grant-merced'' means a community land grant issued under the
laws or customs of the Government of Spain or Mexico that--
(A) is recognized under New Mexico Statutes Chapter 49,
Articles 1 and 4 (or a successor statute); and
(B)(i) has a record of historical or traditional use on
Federal land under the jurisdiction of the Secretary
concerned; or
(ii) has a patented exterior boundary that is or was
previously located on or adjacent to Federal land under the
jurisdiction of the Secretary concerned.
(9) Secretary concerned.--The term ``Secretary concerned''
means the Secretary of Agriculture or the Secretary of the
Interior, with respect to Federal land under the jurisdiction
of the Secretary of Agriculture or the Secretary of the
Interior, respectively.
(10) State.--The term ``State'' means the State of New
Mexico.
(b) Memorandum of Understanding on Permit Requirements and
Other Land Use Authorizations for Historical or Traditional
Uses of Qualified Land Grant-mercedes; Reduction or Waiver of
Certain Fees.--
(1) Memorandum of understanding.--
(A) In general.--The Secretary concerned, acting through
the appropriate officials of the Department of Agriculture
and the Department of the Interior in the State, in
consultation with Indian Tribes, shall--
(i) not later than 2 years after the date of enactment of
this Act, enter into an initial memorandum of understanding
with the New Mexico Land Grant Council; and
(ii) subject to the requirements of this subsection, on the
expiration of the initial memorandum of understanding entered
into under clause (i) or any successor memorandum of
understanding entered into under this clause--
(I) enter into a successor memorandum of understanding with
the New Mexico Land Grant Council; or
(II) extend or renew, with any revisions determined to be
appropriate by the Secretary concerned and the New Mexico
Land Grant Council, the expired memorandum of understanding.
(B) Applicable requirements and authorizations.--
(i) In general.--A memorandum of understanding shall--
(I) provide for enhanced cooperation and coordination
between the Secretary concerned and qualified land grant-
mercedes;
(II) provide for the Secretary concerned, acting through
the appropriate officials of the Department of Agriculture
and the Department of the Interior, to enter into subsidiary
agreements with qualified land grant-mercedes for specific
projects consistent with the memorandum of understanding; and
(III) be consistent with, and subject to--
(aa) applicable Federal laws (including regulations);
(bb) applicable land use plans; and
(cc) valid existing rights.
(ii) Permits and other land use authorizations.--A
memorandum of understanding shall include--
(I) a description of the types of historical or traditional
uses that--
[[Page S3268]]
(aa) a community user or a governing body of a qualified
land grant-merced may conduct for noncommercial benefit on
Federal land under the jurisdiction of the Secretary
concerned; and
(bb) require a permit or other land use authorization from
the Secretary concerned;
(II) a citation to, and description of, any administrative
procedures for obtaining the permit or other land use
authorization under subclause (I);
(III) a description of--
(aa) the types of fees, including cost recovery fees and
land use fees, that may be associated with a permit or other
land use authorization under subclause (I); and
(bb) if applicable, the process to request a reduction or
waiver of the fees described in item (aa) under regulations
promulgated by the Secretary concerned;
(IV) a description of the process for determining the
permissible use of motorized and nonmotorized vehicles and
equipment by a community user or the governing body of a
qualified land grant-merced for noncommercial historical or
traditional use on Federal land under the jurisdiction of the
Secretary concerned;
(V) a description of the process for determining the
permissible use of mechanized vehicles or equipment by a
community user or governing body of a qualified land grant-
merced for historical or traditional use on Federal land
under the jurisdiction of the Secretary concerned;
(VI) a description of the process for determining the
permissible use of nonnative material by a community user or
the governing body of a qualified land grant-merced for any
of the uses described in clauses (iii) and (iv) on Federal
land under the jurisdiction of the Secretary concerned;
(VII) a description of any applicable restrictions and
prohibitions on historical or traditional uses conducted by a
qualified land grant-merced on Federal land under the
jurisdiction of the Secretary concerned; and
(VIII) a description of the process, in accordance with
applicable law, for consulting with 1 or more Indian Tribes
that would be directly affected by a proposed historical or
traditional use on Federal land by a qualified land grant-
merced.
(iii) Routine maintenance and minor improvements.--A
memorandum of understanding shall address authorization of
routine maintenance and minor improvements of infrastructure
used by a qualified land grant-merced in connection with a
historical or traditional use on Federal land under the
jurisdiction of the Secretary concerned, including--
(I) cleaning, repair, or replacement-in-kind of
infrastructure;
(II) maintenance of a trail, road, cattle guard, culvert,
or fence;
(III) maintenance of a monument or shrine;
(IV) maintenance of a community cemetery by a qualified
land grant-merced;
(V) maintenance of a livestock well, water line, water
storage container, or water tank; and
(VI) any other routine maintenance or minor improvement
associated with historical or traditional uses identified by
the New Mexico Land Grant Council during the development of
the memorandum of understanding.
(iv) Major improvements.--A memorandum of understanding may
describe the process for authorizing major improvements of
infrastructure of a qualified land grant-merced in connection
with a historical or traditional use on Federal land under
the jurisdiction of the Secretary concerned, including--
(I) construction or expansion of a community water or
wastewater system of a qualified land grant-merced;
(II) construction or major repair of a livestock well,
water line, water storage container, or water tank of a
qualified land grant-merced;
(III) major repair of a monument or shrine of a qualified
land grant-merced;
(IV) installation of a cattle guard;
(V) construction of a trail, road, or fence;
(VI) construction or expansion of a community cemetery by a
qualified land grant-merced; and
(VII) any other major improvement associated with
historical or traditional uses, as determined by the
Secretary concerned.
(v) Notice and comment.--A memorandum of understanding
shall describe the policies and procedures for notice and
comment on land management planning decisions and major
Federal actions that could affect historical or traditional
uses of Federal land by a qualified land grant-merced, and
methods of providing the notice, including notice--
(I) online;
(II) in print; and
(III) by mail or email to the New Mexico Land Grant Council
and Indian Tribes, including through a listserv that would
include qualified land grant-mercedes, the New Mexico Land
Grant Council, and Indian Tribes.
(C) Development, execution, and implementation of
memorandum of understanding.--
(i) Role of the new mexico land grant council.--The New
Mexico Land Grant Council may represent qualified land grant-
mercedes in developing, executing, and implementing a
memorandum of understanding.
(ii) Role of governing bodies of qualified land grant-
mercedes.--The Secretary concerned may invite representatives
of governing bodies of qualified land grant-mercedes to
participate in meetings and provide input during the
development of a memorandum of understanding.
(D) Limitation.--A memorandum of understanding--
(i) shall describe the process for a qualified land grant-
merced to obtain authorizations for historical or traditional
uses through existing authorities, subject to existing
Federal laws (including regulations) and applicable permit
and land use authorization requirements; but
(ii) shall not directly approve or authorize a historical
or traditional use described in clause (i).
(2) Fees for qualified land grant-mercedes.--Where the
Secretary concerned is authorized to reduce or waive land use
fees or consider the fiscal capacity of the applicant in
determining whether to reduce or waive a fee for a land use
permit, the Secretary shall consider--
(A) the socioeconomic conditions of community users of a
qualified land grant-merced; and
(B) the annual operating budget of the governing body of
the qualified land grant-merced.
(c) Consideration and Inclusion of Provisions With Respect
to Historical or Traditional Uses in Land Use Planning.--In
developing, maintaining, and revising land use plans pursuant
to section 202 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1712) and section 6 of the National Forest
Management Act (16 U.S.C. 1604), as applicable, the Secretary
concerned shall, in accordance with applicable law, and, as
determined to be appropriate by the Secretary concerned,
include a section in the applicable land use plan that
considers and evaluates the impact of other uses in the land
use plan on historical or traditional uses by qualified land
grant-mercedes.
(d) Effect.--Nothing in this section--
(1) modifies, limits, expands, or otherwise affects any
treaty-reserved right, or any other right of, or obligation
to, any Indian Tribe, including treaties or agreements with
the United States, Executive orders, statutes, regulations,
or case law, that is recognized on or after the date of
enactment of this Act by any other means;
(2) affects the authority of the State to regulate water
use in accordance with all Federal and State laws (including
regulations);
(3) affects the authority of the State to regulate the
management of game and fish, in accordance with all Federal
and State laws (including regulations);
(4) affects any valid existing rights, or valid permitted
authorized uses of, Federal land; or
(5) creates any implicit or explicit right to any type of
use of Federal land.
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